QUALIFICATIONS LLB (QUT), MSt (Cantab), DipICArb (CIArb, London), FCIArb
ADMITTED 1988 BAR 1997 (1990 NSW)
YEAR APPOINTED SILK 2017
CHAMBERS ODW 902
CLERK CONTACT 03 9225 7999
PHONE 03 9225 7159
EMAIL pjhayes@vicbar.com.au
ENQUIRIES: dever@vicbar.com.au
Advises and appears in cases at interlocutory, trial and appellate levels, (common law litigation, commercial & equity litigation, international law & arbitration, large scale litigation, constitutional & administrative law and sporting disputes), conducted in multiple jurisdictions, but primarily in Melbourne, Sydney, London, Singapore, Kuala Lumpur and Lausanne. Frequently appears in common law jury cases and causes conducted in the Supreme and County Courts of Victoria, including in the field of defamation. Select cases appear below.
Appointed a Senior Fellow (Course Director of the LLM subject 'International Sports Arbitration') at Queen Mary University of London (School of Law) in 2022. Previously a Senior Fellow at the University of Melbourne (Faculty of Law), 2010-2022. Past President of the Commercial Bar Association of Victoria (CommBar), 2024-2025. Recognised internationally in Who's Who Legal (2016-2025 editions) as a leading lawyer in the specialty of sports law and listed by Doyle's Guide as a leading senior counsel in arbitration and administrative & public law.
Holds degrees from the Queensland University of Technology (LLB) and the University of Cambridge (MSt). Prior to commencing practice at the Bar, practised as a Lawyer (1986 to 1990) at: Power & Power, Brisbane; Allen Allen & Hemsley (Allens), Sydney; and Baker & McKenzie, Sydney. Chambers located in Melbourne (Owen Dixon Chambers West, Level 9 - Dever's List), Sydney (8 Wentworth Chambers) and London, Singapore and Kuala Lumpur (39 Essex Chambers).
[2025] HCADisp 293 [Appeal pending].
Trespass; Breach of copyright, Constructive trust; Injunction.
[2013] HCASL 115.
Insolvency, Proof of fraudulent disposition of property (Bankruptcy Act 1974, s.121).
[2010] HCATrans 188.
Equity, Unconscionability (Garcia and Yerkey principle).
[2009] HCATrans 223.
Contract, Reasonableness of restraint of trade clause.
[1994] HCA 18, (1994) 179 CLR 463; (1994) 120 ALR 605; (1994) 68 ALJR 432.
Constitutional law, Inter-state discrimination/Full faith and credit (Constitution, ss.117 and 118).
[2025] FCAFC 104, [2025] FCAFC 134; [2024] FCA 1455.
Trespass; Breach of copyright, Constructive trust; Injunction; Constitutional implied right to freedom of political communication.
Unreported (O’Callaghan J), 1 September 2025, No. VID 695 of 2025.
Corporations, Oppression of minority shareholder (Northwest Bend Solar Project).
Unreported (Horan J), 9 December 2024, No. VID 1148 of 2024.
Administrative Law. Judicial review, Irrelevant considerations.
[2022] FCA 171; [2022] FCA 910.
Injunction, Variation of freezing order.
[2017] FCA 425.
Company’s ‘examinable affairs’ (Corporations Act 2001, s.596).
[2012] FCA 1448, (2012) 208 FCR 165.
Proof of fraudulent disposition of property (Bankruptcy Act 1974, s.121).
[2010] FCA 1417, (2010) 191 FCR 68.
Company’s ‘examinable affairs’ (Corporations Act 2001, s.596).
[2008] FCA 399, (2008) 167 FCR 463.
Administrative Law. Judicial review.
Unreported (Bennett J), 21 April 2005, 4 August 2005 and 2 May 2006. No. N-1298 of 2004.
Intellectual property, Trademarks (‘the worm'), Breach, Proprietorship, Prior/Honest and concurrent use.
[1999] FCA 1410.
Subpoena set aside; Costs of compliance.
[1998] FCA 1189.
Breach of contract; Misleading and deceptive conduct (Trade Practices Act 1974, s.52); Assessment of damages.
[1995] FCA 1356, (1995) 59 FCR 35, (1995) 137 ALR 544, (1995) 31 IPR 393; (1995) ATPR 41-427, [1994] FCA 1551; (1995) ATPR 41-400.
Misleading and deceptive conduct (Trade Practices Act 1974, s.52); Limitation of actions.
(1995) 57 FCR 45, (1995) ATPR 41-407, (1995) ATPR 41-442.
Misleading and deceptive conduct (Trade Practices Act 1974, s.52).
[2022] VSC 387.
Equitable fraud (Knowing assistance & receipt, Barnes v Addy principle), Equitable compensation, Worldwide freezing order.
[2021] VSC 560.
Suppression Order (Open Courts Act 2013 (Vic), ss. 4, 10, 17, 18).
Unreported (Croucher J), 28 October – 11 November 2020, No. S CI 2018 01296.
Negligence (Occupier’s liability), Product liability (Defective product and installation), Foreseeability, Response to risk.
[2020] VSC 729.
Administrative Law, Jurisdictional error.
Jury (John Dixon J), 5-28 August, 16 September 2019, 24 February 2020. [2020] VSC 67; [2019] VSC 826; [2019] VSC 591; [2019] VSC 590; [2019] VSC 507; [2019] VSC 506; [2018] VSC 209; [2017] VSC 496.
Defamation, Imputations, Justification, Damages, Witness pseudonym orders.
[2018] VSC 784.
Negligence, Causation.
[2017] VSC 467.
Negligence; Foreign State Immunity.
Jury (Keogh J), 15-22 August 2016. [2016] VSC 715.
Negligence, Foreseeability.
[2016] VSC 626.
Release from Harman obligation.
[2016] VSCA 266.
Appeals, Leave to appeal out of time.
[2016] VSC 224.
Corporations; Realisation of security, Liquidator’s duty; Apprehended Bias.
[2015] VSCA 301.
Administrative Law. Judicial review, Availability of declaratory relief.
[2015] VSCA 199.
Appeals, Stay of judgment pending appeal.
[2014] VSCA 159.
Appeals, New evidence on appeal; Proper construction of Settlement Deed; Accord and satisfaction.
[2014] VSC 342.
Appeals, New evidence on appeal; Summary judgment, Triable issue.
Jury (Cavanough J), 7-17 October 2013.
Negligence, Obvious risk, Damages.
[2012] VSC 358.
Negligence, Causation (Failure of bridge coating), Damages.
[2012] VSC 187, (2013) 35 VR 419.
Sheriff’s duties on unreserved sale of property; Inherent jurisdiction of court to set aside sale at undervalue; Equity, Unconscionability.
[2010] VSC 155, (2010) 27 VR 171; [2010] VSC 127, (2010) 27 VR 140.
Defamation, Justification, ‘Hore-Lacey’ defence, Fair comment, Qualified privilege, Malice, Damages.
[2009] VSCA 290.
Equity, Unconscionability (Garcia and Yerkey principle).
Jury (J Forrest J), 10-28 November, 1 December 2008. [2008] VSC 547; [2008] VSC 548; [2008] VSC 549; [2008] VSC 550; [2008] VSC 553.
Defamation, Justification, Fair comment, Malice, Damages.
[2007] VSC 105.
Defamation, ‘newspaper rule’.
[2008] VSCA 25; (2008) 19 VR 294; [2006] VSC 279; [2007] VSC 8.
Contract, Proper construction of loan agreement, Calculation of interest; Implied terms.
[2007] VSC 194.
Injunction; Interpretation of contract; Private International Law (Chinese law); Adequacy of remedy of damages.
[2005] VSC 198.
Resulting Trust, Rebuttal of presumption of resulting trust.
[2005] VSCA 67, (2005) 59 ATR 33; [2003] VSC 349; (2003) 54 ATR 127.
Constructive Trusts, Declaration (Standing of applicant).
[2004] VSC 69.
Employment contract, Termination.
[2003] VSC 252.
Right to legal representation before domestic tribunal.
[2002] VSC 543.
Insolvent trading, Directors’ liability, Interlocutory injunction.
[2002] VSC 440.
Contract, Repudiation. Specific performance. Failure to lodge caveat, Consequences, Constructive notice.
[2002] VSC 51; (2002) V ConvR 54-659.
Caveats, Successive caveats, Caveatable interest.
[2000] VSC 403, (2000) 35 ACSR 462, (2001) 19 ACLC 213.
Corporations, Derivative action, Application of rule in Foss v Hardbottle (Corporations Law, ss.236, 237).
[2000] VSC 392.
Mareva injunction, Onus of proof.
[2000] VSC 318.
Constructive trusts, Nature of contributions; Equity, ‘clean hands'.
[2000] VSCA 86.
Costs (solicitor/client and solicitor/own client), Solicitor's entitlement.
[2023] NSWSC 173.
Administrative Law. Judicial review.
[2014] NSWCA 44; [2013] NSWSC 1001, [2014] NSWSC 1052.
Defamation.
[2008] NSWSC 344.
Misrepresentation; Misleading and deceptive conduct (Trade Practices Act 1974, s.52).
[1999] NSWCA 199, (1999) 46 NSWLR 538, (1999) 32 ACSR 294, (1999) 7 ACLC 1247; (1996) 19 ACSR 204, (1996) 14 ACLC 345.
Corporations, Directors’ fiduciary duties.
(1996) 33 ATR 521; (1996) 34 ATR 26.
Breach of undertaking, Contempt.
(1996) 39 NSWLR 337, (1996) 132 FLR 266.
Prohibition on enforcement of Mortgage (Farm Debt Mediation Act 1994 (NSW), s.4).
(1994) Aust. Contract R 90-359.
Contract, Privity, Umbrella organisation; Estoppel.
(1993) 4 Med LR 161.
Negligence, Response to risk (Laparoscopy/Laparotomy – surgical decision).
Unreported (Gleeson CJ), 1 June 1993, No. 1789/1991.
Negligence, Motor vehicle accident occurring on private not public road.
Unreported (Cohen J), 18 October 1991, No. 2249/1991.
Real Property, Deposit, Forfeiture, Calculation of loss.
[2025] VCC 1181.
Criminal Law, Workplace death (Building & construction), Sentence.
[2024] VCC 429.
Negligence, Insurance (Professional indemnity), Liability, Quantum.
Jury (HHJ Clarke), 1-14 February 2024.
Negligence, Personal injury (Crane failure), Liability, Quantum, Insurance (Contribution).
Jury (HHJ Morrish), 22 May - 11 July 2023. [2023] VCC 1667.
Negligence, Personal injury (Psychological injury), Liability, Quantum.
[2021] VCC 1591.
Statutory Recovery, Workplace Injury and Compensation Act 2013 (VIC), ss.369, 435 (Indemnity), Wrongs Act 1958 (VIC), ss.48-59.
[2021] VCC 1940.
Negligence, Personal injury (Psychological injury), Liability, Quantum.
[2021] VCC 1312.
Negligence, Personal injury, Liability, Quantum.
[2021] VCC 638.
Negligence, Personal injury, Liability, Quantum.
[2021] VCC 609.
Statutory Recovery, Workplace Injury and Compensation Act 2013 (VIC), ss.369, 491 (Indemnity).
Jury (HHJ Clayton), 17-27 May 2021.
Defamation, Publication, Justification, Contextual Truth, Qualified Privilege, Malice, Damages.
Jury (HHJ Ginnane), 9-28 October 2019.
Negligence, Personal Injury, Liability, Quantum.
Jury (HHJ Jordan), 27 May - 1 June 2019.
Medical Negligence, Liability, Quantum.
[2019] VCC 400; [2019] VCC 327.
Negligence, Insurance (Property damage), Liability, Quantum. Costs (Indemnity costs).
[2018] VSC 784.
Negligence, Personal injury, Liability, Quantum.
Jury (HHJ K L Bourke), 7-17 May 2018.
Negligence, Personal injury, Liability, Quantum.
[2018] VCC 124.
Statutory Recovery, Accident Compensation Act 1986 (VIC), s.138 (Indemnity).
Jury (HHJ Saccardo), 13-25 October 2017. [2017] CCV 1022.
Negligence, Personal injury, Liability, Quantum. Limitation of Actions Act 1958 (Extension of time).
Jury (HHJ Brookes), 7-25 August 2017.
Negligence, Personal injury, Liability, Quantum.
[2016] VCC 30.
Tort. Assault and Battery; Limitation of Actions Act 1958 (Extension of time).
Jury (HHJ Parrish), 12-24 August 2015.
Negligence, Personal injury, Liability, Quantum.
Jury (HHJ Judge Dyer), 16-18 June 2015. [2015] VCC 1771.
Negligence, Personal injury, Liability, Quantum. Contribution. Statutory Recovery (Indemnity), Accident Compensation Act 1986 (VIC), s.138.
Jury (HHJ Cohen), 29 May - 6 June 2014.
Negligence, Personal injury, Liability, Quantum. Insurance, Construction of agreement for indemnity.
[2014] VCC 465.
Negligence, Property damage, Breach of duty of care. Proportionate Liability, Wrongs Act 1958 (VIC), Part IVAA.
[2014] VCC 174.
Negligence, Existence of duty of care, Contributory negligence, Quantum (prior injury).
[2014] VCC 37.
Negligence, Foreseeability, Causation of injury.
Jury (HHJ Brookes), 28 August - 3 September 2013.
Negligence, Personal injury, Assessment of damages.
Jury (HHJ Murphy), 20 July - 13 August 2012. [2012] VCC (23 August 2012).
>Defamation, Justification, Qualified Privilege, Malice, Damages.
[2010] VCC 521.
Freezing order sought against third party, Balance of convenience.
Counsel, USD$800K, Proceeding resolved September 2017. Electronic Technology.
Sole Arbitrator, USD$1.349M, Final Award dated 12 September 2017. Infrastructure.
Sole Arbitrator, USD$11.250M, Final Award dated 28 September 2016. Infrastructure, Transportation and Energy.
CAS 2021/A/8550. Award & Order dated 15 February 2022.
CAS Jurisdiction, Time limit for appeal.
CAS 2021/A/8089. Appeal Award, 11 November 2021.
CAS 2021/A/7945. Appeal Award, 9 June 2021.
Olympic selection, Proper construction and application of Nomination Criteria.
CAS 2016/A/4635. Consent Award 5 October 2016.
Doping, Alleged ADRV.
CAS A1/2016. Partial Award, 30 June 2016; Final Award, 9 September 2016.
Olympic selection, Proper construction and application of Nomination Criteria.
CAS A3/2016. Final Award, 12 July 2016.
Olympic selection, Proper construction and application of Nomination Criteria.
CAS A4/2014. Partial Award (Jurisdiction), 27 March 2015. Final Award, 21 March 2016.
Jurisdiction, Termination of arbitration; Doping, Reliability of laboratory analysis of positive sample test result.
CAS 2014/A/3738. Partial Award, 9 January 2015. Final Award, 5 March 2015.
Doping, ‘B’ sample, Results management, Proof of alleged ADRV.
CAS 2013/A/3242. Award, 24 September 2013.
Jurisdiction, Separability of arbitration agreement (CAS Code of Sports-related Arbitration, Rules 28, 55 and Statute of Bodies Working for the Settlement of Sports-related Disputes, Article S1. Federal Code on Private International Law 1987 (Switzerland) Articles 186, 190(2)).
CAS 2011/A/259. Appeal Award, 15 December 2011.
Selection, Proper application and consideration of nomination/selection criteria, Review.
CAS 2010/O/2118. Consent Award, 9 June 2010.
Athlete surgically fitted with cardiac pacemaker, Risk or advantage to athlete, Power of AIBA/BAI to ban athlete.
CAS A2/2009. Appeal Award, 2 February 2010.
Doping, No significant fault or negligence; Sanction.
CAS A1/2009. Appeal Award, 4 November 2009.
Doping, Whether athlete bound by NF Anti-doping Policy; ADRV consequences for athlete and other team members.
CAS 2008/A/1652. Appeal Award, 2 June 2009; (2009) 4(1) ANZSLJR 1.
Doping, Non-analytical positive ADRV; Appeals, Time limit for lodgement of appeal.
CAS 2008/A/1574. Appeal Award, 7 July 2008; (2008) 3(1) ANZSLJR 1.
CAS 2008/A/1539. Appeal Award, 2 June 2008.
Misconduct, Bringing self into disrepute, Team agreement, Exercise of discretion to terminate agreement; Sanction, Severity, Proportionality; CAS appellate jurisdiction.
CAS 2007/A3. Final Award, 16 June 2008.
Doping, Non-analytical positive ADRV, Reliable means of proof of ADRV; Sanction.
CAS 2007/A/1291. Appeal Award, 21 December 2007.
Misconduct, Bringing sport into disrepute; Sanction, Severity, Proportionality.
CAS 2007/A/1311. Appeal Award (Save as to costs), 26 September 2007, (2007) 2(1) ANZSLJR 2; Final Award (Costs), 20 December 2007. Award (First Instance), 9 June 2007.
Doping, Non-analytical positive ADRV, Possession of prohibited substance (knowledge).
CAS 2004/A/651. Appeal Award, 11 July 2005; Award (First Instance), 8 June 2004.
Doping; CAS Appeals, Admissibility of new evidence on appeal; Private International Law; Costs.
CAS 2003/A/477. Appeal Award, 20 October 2003.
Doping, Opportunity for Athlete to be present at opening of ‘B’ sample.
Proceeding NST-E24-105202. Consent Award dated 5 September 2024.
Alleged equine ADRV, Jurisdiction, No fault/No significant fault or negligence of persons responsible, Applicable sanction.
Proceeding NST-E21-148352. Interim Award dated 13 December 2021, Final Award dated 28 January 2022.
Conduct, Code of Conduct and Member Protection Policy; Limitation of Actions; Applicable sanction.
Proceeding NST-E20-258261. Award dated 5 November 2020.
Sports Law. Conduct (Social media policy); Jurisdiction.
Panel Chair. Decision, 20 May 2025.
Doping, TUE, Unintentional ADRV, Sanction.
Panel Chair. Decision, 12 December 2023.
Doping, Unintentional ADRV, Sanction.
Panel Member. Decision, 16 August 2017.
Doping, Unintentional ADRV, Sanction.
Panel Member. Decision, 13 February 2020.
Doping, Non-analytical positive ADRV, Sanction.
Panel Member. Decision, 11 February 2020.
Doping, Non-analytical positive ADRV, Sanction.
[2021] FamCAFC 81.
Harman obligation.
Unreported (Crow J), 27 January 2026, No. 1240 of 2024.
Negligence (Asbestos-related disease), Foreseeability.
[2015] SASC 78.
Criminal law, Assault, Consent (sporting contest).
Unreported (Richards J), 22-23 July 2009, HC09C02458.
Unreported (Briggs J), 13-16 July 2009, HC09C02458.
Corporations’ regulation; FSA Investigation, Validity of enforcement notice; Trespass to goods; Injunction.
Unreported (Collins J), 27 October 2005, No. HC05C00560.
Contract, Wrongful termination; Relief against forfeiture; Damages.
Unreported (Scott J), 20-22 October 1998, No. HBC 331 of 1997.
Guarantee, Indemnity of surety.
Unreported (Pathik J), 2 August 1995, No. HBC 352 of 1995.
Corporations, Oppression of minority shareholders.
Unreported (Fatiaki J), 5-16 December 1994, No. 623 of 1993.
Breach of contract; Enforcement of security; Unconscionability.
Unreported (Puckeridge DCJ), 18 July 2011, No 118277/2010.
Assault and Battery, Self Defence, Civil Liability Act 2002 (NSW), ss.52 and 53, Damages.
Jury (Herron DCJ), 1997.
Criminal Law, Drugs, Possession, Trafficable/Commercial quantity, Customs Act 1901, s.233B.
Jury (Smyth DCJ), 1994.
Criminal Law, Escape from lawful custody, Aid and abet, Harbour escapee, Crimes Act 1900 (NSW), ss.310C, 310G.
[2023] VCAT 1320.
Administrative Law, Health Practitioner Regulation Law (Victoria) Act 2009 (Vic), ss.156(1)(a), 156(1)(e) and 202, Interim restriction on doctor’s registration.
[2022] VCAT 1301.
Administrative Law, Freedom of Information Act 1982 (Vic), ss.25(a), 32(1), 33(1) and 50(4), Relevance of documents, Legal professional privilege and personal affairs exemptions, Public interest override.